Insurance claim against driver

Chrismojam

My sister and I are hoping to put an insurance claim in on our mothers behalf as she was knocked down just before last Christmas, hospitalised for I think about 4 weeks with a fractured leg (poss/prob needing a knee replacement at some point)...

Now there has been a catalogue of errors and incompetencies so far.......too much to go into really.......

However, my sis was talking to the 'other party' insurers today, to put them in the picture as to the situ with my mum (long standing mental health....conflicting views as to how the accident occured....the fact that she was sent home from the hospital with a fractured leg because they didn't find it the first time.........the police had it recorded as no injury etc and have only just got round to taking statements and they only have any evidence at all because we provided it! Did their job for them basically...)

Well, the insurer chap let slip (in error I am sure) that the driver had never notified them of the accident??? First they knew of it was my sis writing to them...

Surely if you have any RTA, whether there is an injury or not (and particularly if the police were in attendance) you would have to notify the insurers?

Will this affect our claim?

BenL

Have you got a solicitor onboard??

I'd not talk directly to the other parties insurance company as you may say something you are not meant to.

I got my current solicitor from injurylawyers4u.co.uk website and have been happy.

The solictor they arranged did a home visit and has done all the running with the other parties insurance company.

Medicals are all arranged by them as well.

They are no win no fee and I've heard good reports from them before both on this site and the internet in general.

The website is just an introduction thing and then you get a "proper" solictors company to deal with.

Ben

Chrismojam

BenL wrote:

Have you got a solicitor onboard??

I'd not talk directly to the other parties insurance company as you may say something you are not meant to.Ben

Thanks for replying Ben....solicitor is next step...I think sis is getting a bit of advice first before instructing one.......sis may have already said too much to other insurers....but then that's because we are probably too open and honest for our own good!.....but then other insurers did also let slip that they hadn't been informed of the RTA.........surely that can't look good for their client?

Home visits and all that may be a problem..........mum has serious mental health problems.....no insight into her illness etc.so me and sis are doing this on her behalf...........I'm sure mum would quite happily leave it, as she doesn't like a fuss being made..........but we just want to ensure that she receives what she is entitled to, just as anyone else would........don't see why she should be discriminated because of her MH...

So me and /or sis would have to be available when the solicitor wanted to see he and interview her etc, to explain situ.........I live close by but sis is over 200 miles away.

Astaroth

No, you have to tell your insurers at renewal if you have been involved in an incident that could result in a claim irrespective of if you claim or not but there is no requirement to notify them mid term. In addition to this, if you believe there has been no damage/ injury then you wouldnt consider that there would be anything that could result in a claim.

You, or your solicitor, will write to the insurer advising of the claim and the allegations against the third party. They will then contact their client and take their version of events and take things from there. It may cause a tiny delay but to be honest in the length of time that an injury claim takes this will not be noticable at all if it happens.

If you intend to involve a solicitor make sure that you check that you dont have any form of legal expenses insurance (eg on your home insurance) as entering into a conditional funding agreement (aka no win no fee) and after the incident insurance can result in you loosing money if you had other insurance that would have covered the claim.

Chrismojam

Thanks Astorath...

'It may cause a tiny delay but to be honest in the length of time that an injury claim takes this will not be noticable at all if it happens.'

This has already been delayed 6 months because of useless copper not doing his job or providing any info, so a bit more of a delay is no bother!

'....legal expenses insurance...'

Me and sis are doing this on mum's behalf as we are her power of attorney. Mum doesn't have any type of insurance that would cover this. Surely, it wouldn't need to go on mine or sis's? Mum is on benefits - wouldn't she get legal aid?

Astaroth

Unless you are in scotland there is no legal aid for personal injury claims as it was replaced with conditional funding.

Does your mother live with either of you or is she in her own home/ care home? If she does live with either of you then you should check your home policies to make sure on the legal expenses front.... it doesnt count as a claim to use it and you will be saving yourselves (technically your mother obviously) money.

Conditional funding is such that you never need to pay your own solicitor as they claim their costs directly from the third party. This however isnt the full story as you would have to pay the third party's solicitors costs if you were not to win 100% of the case or if you went to court to contest the amount of money awarded and the judge decided the TP's offer was sufficient. To protect yourselves against these costs you can buy what is known as after the event insurance but some other solicitors will get you to sign a loan agreement to pay the costs personally should things not go the way you and they expect.

Have to love the injurylawyers4u website:

injurylawyers4u wrote:

“Will my case really cost me nothing?”

In nearly all cases, clients are covered by a conditional fee agreement ("no-win, no-fee").

No explaination of what they mean by "nearly all" and in what circumstances it will cost you money.

Chrismojam

Astaroth wrote:

Unless you are in scotland there is no legal aid for personal injury claims as it was replaced with conditional funding.

Thanks for your post........oh !!!!!!!

No she doesn't live with either of us...thank god...(otherwise that would be 3 people with serious MH probs!!)

She lives in a 24 hour supported house paid for by NHS trust.......

My sis is getting some solicitord advice soon...so we will see where we go from there...

Thanks again X